[Federal Register Volume 84, Number 156 (Tuesday, August 13, 2019)]
[Rules and Regulations]
[Pages 39974-39976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17259]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0669]
RIN 1625-AA00


Safety Zone; Toledo Country Club Fireworks, Maumee River, Toledo, 
OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for

[[Page 39975]]

navigable waters on the Maumee River near the Toledo Country Club in 
Toledo, OH. The safety zone is necessary to protect persons, vessels, 
and the marine environment from potential hazards associated with 
fireworks displays created by the Toledo Country Club Fireworks event 
on the Maumee River. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Detroit, or his designated representative.

DATES: This regulation is effective from 8:30 p.m. until 9:15 p.m. on 
August 17, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0669 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email MSTC Allie Lee, Waterways Department, Marine Safety Unit 
Toledo, Coast Guard; telephone (419) 418-6023, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the event sponsor notified the Coast 
Guard with insufficient time to accommodate the comment period. Thus, 
delaying the effective date of this rule to wait for the comment period 
to run would be impracticable and contrary to the public interest 
because it would prevent the Captain of the Port Detroit from keeping 
the public safe from the hazards associated with a maritime fireworks 
displays.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Waiting for a 30-day effective 
period to run is impracticable and contrary to the public interest for 
the reasons discussed in the preceding paragraph.



III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Detroit 
(COTP) has determined that potential hazards associated with fireworks 
displays will be a safety concern for anyone within a 250 foot radius 
of the launch site. The likely combination of recreational vessels, 
darkness punctuated by bright flashes of light, and fireworks debris 
falling into the water presents risks of collisions which could result 
in serious injuries or fatalities. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone during the fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone that will be enforced from 8:30 
p.m. until 9:15 p.m. on August 17, 2019. The safety zone will encompass 
all U.S. navigable waters of the Maumee River within a 250 foot radius 
of the fireworks launch site located at position 41[deg]35'38'' N 
083[deg]35'48.6'' W. All geographic coordinates are North American 
Datum of 1983 (NAD 83).
    The duration of the zone is intended to protect personnel, vessels, 
and the marine environment in these navigable waters during the 
fireworks display. Entry into, transiting, or anchoring within the 
safety zone is prohibited unless authorized by the Captain of the Port, 
Sector Detroit or his designated representative. The Captain of the 
Port, Sector Detroit or his designated representative may be contacted 
via VHF Channel 16. The regulatory text appears at the end of this 
document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. Vessel traffic will be able 
to safely transit around this safety zone which would impact a small 
designated area of the Maumee River for a period of 45 minutes during 
the evening when vessel traffic is normally low. Moreover, the Coast 
Guard would issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zone, and the rule would allow vessels to seek 
permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities. While some owners or operators of vessels intending to 
transit the safety zone may be small entities, for the reasons stated 
in section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture

[[Page 39976]]

Regulatory Enforcement Ombudsman and the Regional Small Business 
Regulatory Fairness Boards. The Ombudsman evaluates these actions 
annually and rates each agency's responsiveness to small business. If 
you wish to comment on actions by employees of the Coast Guard, call 1-
888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate 
against small entities that question or complain about this rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have 
determined that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves a safety zone lasting only 45 minutes 
that will prohibit entry within 250 foot radius of where the fireworks 
display will be conducted. It is categorically excluded from further 
review under paragraph L[60](a) in Table 3-1 of U.S. Coast Guard 
Environmental Planning Implementing Procedures 5090.1. A Record of 
Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0669 to read as follows:


Sec.  165.T09-0669  Safety Zone; Toledo Country Club Fireworks, Maumee 
River, Toledo, OH.

    (a) Location. The following area is a temporary safety zone: All 
U.S. navigable waters of the Maumee River within a 250 foot radius of 
the fireworks launch site located at position 41[deg]35'38'' N 
083[deg]35'48.6'' W. All geographic coordinates are North American 
Datum of 1983 (NAD 83).
    (b) Enforcement Period. This regulation will be enforced from 8:30 
p.m. until 9:15 p.m. on August 17, 2019. The Captain of the Port 
Detroit, or a designated representative may suspend enforcement of the 
safety zone at any time.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Detroit, or his designated representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Detroit or his designated 
representative.
    (3) The ``designated representative'' of the Captain of the Port 
Detroit is any Coast Guard commissioned, warrant, or petty officer who 
has been designated by the Captain of the Port Detroit to act on his 
behalf. The designated representative of the Captain of the Port 
Detroit will be aboard either a Coast Guard or Coast Guard Auxiliary 
vessel. The Captain of the Port Detroit or his designated 
representative may be contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Detroit or his designated 
representative to obtain permission to do so. Vessel operators given 
permission to enter or operate in the safety zone must comply with all 
directions given to them by the Captain of the Port Detroit or his 
designated representative.

    Dated: August 7, 2019.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2019-17259 Filed 8-12-19; 8:45 am]
 BILLING CODE 9110-04-P